LAWS(DLH)-2019-12-37

CARGILL INDIA PVT LTD Vs. DEEPAYAN MOHANTY

Decided On December 09, 2019
Cargill India Pvt Ltd Appellant
V/S
Deepayan Mohanty Respondents

JUDGEMENT

(1.) This is an appeal against the judgment passed by a learned Single Judge of this Court in a suit instituted by the respondent under the provisions of Order XXXVII of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") for recovery of Rs. 3,25,56,496/- along with interest.

(2.) On 17.10.1996, DM joined the services of Bharat Cargill Holding Pvt. Ltd. as a Manager, Trade Finance. He completed his probation in the year 1997. Post confirmation, his services were transferred to Cargill. DM continued to serve Cargill till he resigned on 07.12.2009.

(3.) The suit of DM was based on a claim for bonus, which was guaranteed to him for the years 2006-2007, 2007-2008 and 2008-2009. The relevant clause on which the deferred incentive was to be provided to an employee is extracted below along with the forfeiture provisions: